Craddick: Don't wait; state lawmakers should pass a texting law

Efforts to enact a statewide ban on texting while driving this session did not fail because of a governor's veto; rather, the bill succumbed to the will of a stubborn chairman.

For those Texans wondering why 40 other states have a ban, but Texas still allows drivers to text while driving and put the lives of others in danger, we have Sen. Robert Nichols to thank for that.

In November, I filed House Bill 63 and Sen. Judith Zaffirini filed an identical Senate bill, Senate Bill 28, proposing a statewide ban on texting while driving. I dubbed it the bipartisan bill of the session.

House and Senate members, Republicans and Democrats, from across the state lined up to co-author this important public safety bill.

We held a meeting at the beginning of session, bringing in family members of victims of texting accidents, police officers, wireless communication companies and a host of advocates for the bill to brief lawmakers and staff on the impact a ban on texting would have in keeping our roads safer. AT&T even loaned us their texting simulator to demonstrate the dangers of texting while driving. We handed out materials on this issue to each Senate and House office. Our message was heard loud and clear.

House Bill 63 received an early hearing in the House Committee on Transportation. I and my co-authors - Reps. Byron Cook, Eddie Lucio III, Jose Menendez and Patricia Harless - laid out the bill to ensure it was well-received by the committee.

We had an amazing team explaining the bill to the committee. It also proved to be an opportunity to publicly honor Alex Brown, Jeff Tankersley, Javier Zamora and others like them who had lost their lives. The committee heard from their family members, who shared the heartbreaking story of losing their loved ones because of a texting while driving-related accident.

Recognizing the value of this public policy, the House committee reported the bill favorably to the House Calendars Committee for placement on a calendar. With assurances from the chair of the Calendars Committee that it would be set for debate, House Bill 63 waited for its day on the floor.

That day came, and on April 17, House Bill 63 was considered and debated on the House floor. The bill was passed with overwhelming support.

Most advantageously, Senate Bill 28 was set for a hearing the following week. The bill's timing could not have been better. House Bill 63 was sent to the Senate, referred to committee and was able to be heard in lieu of the Senate bill. Our bill was making good progress.

Sen. Zaffirini expertly guided the bill through the hearing. Once again, families of victims, law enforcement, insurance advocates, prosecutors, and Jeanne Brown, the mother of bill's namesake, lined up to testify in support of this bill.

The Senate chairman was thoughtful and kind to all who testified. The committee members asked good questions and made insightful comments. It appeared to be a successful committee hearing for House Bill 63 in the Senate.

But then politics got in the way of good policy.

Like good bill authors, Sen. Zaffirini and I worked together to line up the yes votes on committee. I can assure you the support was there to vote it out. Similarly, the votes were there on the Senate floor to pass this bill. We personally let the chairman of the committee know this fact, but to no avail.

It appeared that Chairman Robert Nichols of the Senate Transportation committee, a former Texas Department of Transportation commissioner, thought that he knew better for Texas when he refused to allow a vote on this bill that would save lives.

Adding insult to injury, Chairman Nichols championed his bill to restrict the ability of holders of commercial driver's licenses from texting and driving and his bill to clarify texting on school property. He ignored the increasing frequency with which regular drivers use cell phones to send a text or email while driving that has made this dangerous practice one of the most common causes of crashes or near-crashes, and killed an important bill.

Lawmakers were poised to act on legislation that would have saved lives. Chairman Nichols singlehandedly denied lawmakers that opportunity and denied Texans a chance at making our roads safer.

With the session complete and no chance of a ban on texting while driving passing into law, I am more resolved than ever that next session I will be back to once again work on legislation that will give our Texas law enforcement officers this tool to keep Texas roads safe and put into place a statewide law that will deter drivers from texting while driving.

Although there is no statewide law stopping Texans from picking up their phone to text while driving, I implore everyone to think of your life, think of your passengers, think of the bike rider on the shoulder, think of the other vehicles around you, think of the blind pedestrian on the corner, think of the child running into the street after his ball and put your phone away. It can wait.

TOM CRADDICK, former Speaker of the Texas House, serves as state representative for District 82. He is on the House Committee on Energy Resources and State Affairs. Craddick authored House Bill 63 relating to the creation of an offense for use of a handheld wireless communication device for text-based communication while operating a motor vehicle.

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